Foster v. Scottish Union & National Insurance

Citations

• 101 Ohio St. (N.S.) 180

Syllabus

<p>Fire insurance — Knowledge of agent imputed to company, when — Insured’s title only leasehold — ■Fee simple policy issued — Waiver without endorsement — Change of . possession — Receiver in lease-forfeiture suit.</p> <p>1. The knowledge of the agent of a fire insurance company as to the title by which property is held, with respect to which property the agent acting within the scope of his apparent authority procures the issuance of a policy of fire insurance, is imputed to his principal, and is in law the knowledge of such principal.</p> <p>■2. An insurance company is deemed to know matters pertinent to the insurability of property upon which it issues a policy of fire insurance, when such matters were in fact known to its agent at the time the latter procured the insurance.</p> <p>3. As to such matters so known to such agent, the insurance company is deemed to have knowledge, notwithstanding a clause in the policy provides that “no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except * * * by agreement endorsed hereon or added hereto.”</p> <p>4. A policy oí, fire insurance stipulating that it should be void “unless otherwise provided by agreement endorsed hereon or added hereto, * * * if the subject of insurance be a building on ground not owned by the insured in fee simple,” is a valid obligation of the company issuing it, where the agent who caused the policy to be issued without endorsement had knowledge that the insured’s title to the buildings covered was a leasehold estate only, and the insured was in fact ignorant of such provision in the policy until after a loss had occurred.</p> <p>5. A provision in a policy of fire insurance that the policy “shall be void if any change * * * take place in the interest, title or possession of the subject of insurance whether by legal process or otherwise,” is not breached by the mere appointment of a receiver to collect rents pendente lite i